THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, J
Jayanti Medhi, W/o. Late Paresh Medhi – Appellant
Versus
State Of Assam, Represented By The Commissioner And The Secy. To The Govt. Of Assam – Respondent
Judgment :
(SANJAY KUMAR MEDHI, J.)
The instant petition under Article 226 of the Constitution of India has been filed challenging, inter alia the rejection of the candidature of the petitioner for appointment on compassionate ground which has been done by the State Level Committee (hereinafter SLC) in its meeting dated 31.12.2018.
2. The projected case of the petitioner, in a nutshell is that her husband, Paresh Medhi, who was working as a Muster Roll Worker in the PWD, had died in harness on 29.02.2016. The petitioner claims that he was also issued an Identity Card No. J/93/12 dated 01.11.1993 and also claims that his services was regularized. The petitioner claims to be eligible had applied for appointment on compassionate ground on 23.09.2016 and her case was also considered by the District Level Committee (DLC). Thereafter, the matter was taken by the SLC in its meeting dated 31.12.2018 wherein the case of the petitioner has been rejected. It is this action, which is the subject matter of challenge in this writ petition.
3. I have heard Shri K. Bhuyan, learned counsel for the petitioner. I have also heard Shri JK Goswami, learned Additional Senior Government Advocate, Assam and Ms
Compassionate appointments are exceptions meant for immediate relief and not vested rights; delays undermine their purpose.
Compassionate appointments are exceptions to normal recruitment rules, not vested rights, and must satisfy immediate needs without prolonged delays affecting eligibility.
Compassionate appointments are an exception for immediate support to bereaved families, not a vested right, and must be considered without undue delay to fulfill their intended purpose.
Compassionate appointment is meant for immediate relief to bereaved families and cannot be claimed after significant delays, as established by the Supreme Court.
Compassionate appointments are not a vested right and must be granted promptly; delays undermine their purpose.
Compassionate appointments are not vested rights and must be considered promptly to address immediate financial crises; delays diminish the urgency of such claims.
Compassionate appointments are exceptions to normal recruitment procedures and must be made promptly to address immediate financial crises; delays undermine this objective.
Compassionate appointments are intended for immediate relief and should not be claimed after significant delays, as urgency diminishes over time.
Compassionate appointments are not vested rights and must be considered promptly to address immediate financial crises; significant delays undermine this purpose.
Compassionate appointment claims must be pursued without undue delay, as significant lags undermine the objective of immediate relief for bereaved families.
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